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UPS Union Issues
9.5 Arbitration decision - Or - Why clear contract language is important
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<blockquote data-quote="zubenelgenubi" data-source="post: 4213852" data-attributes="member: 63706"><p>It sets a precedent. Each case will still need to be determined on its own merits, but this will be used to guide future/current decisions. Now we know one week violation does not meet the "continual" requirement.</p><p></p><p>Next they will try to say a couple weeks, spread far apart, will not meet it either. Actually I think this case established that too. But the company will be able to slowly challenge the definition, and each time it is determined that the case does not meet the term "continually", they will be eroding the intention of the language.</p><p></p><p>It's the concept that you cannot create a pile of sand by adding a single grain. You either have a pile or you do not, a single grain will not change that.</p></blockquote><p></p>
[QUOTE="zubenelgenubi, post: 4213852, member: 63706"] It sets a precedent. Each case will still need to be determined on its own merits, but this will be used to guide future/current decisions. Now we know one week violation does not meet the "continual" requirement. Next they will try to say a couple weeks, spread far apart, will not meet it either. Actually I think this case established that too. But the company will be able to slowly challenge the definition, and each time it is determined that the case does not meet the term "continually", they will be eroding the intention of the language. It's the concept that you cannot create a pile of sand by adding a single grain. You either have a pile or you do not, a single grain will not change that. [/QUOTE]
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9.5 Arbitration decision - Or - Why clear contract language is important
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